Legislature(1993 - 1994)
11/03/1993 09:09 AM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
Eagle River, AK
November 3, 1993
9:09 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chairman
Senator Robin Taylor, Vice Chairman
Senator Loren Leman
Senator Al Adams
Senator Fred Zharoff
MEMBERS ABSENT
None
ALSO PRESENT
Senator Tim Kelly
Senator Steve Rieger
Representative Ed Willis
COMMITTEE CALENDAR
SENATE BILL NO. 2
"An Act requiring pay equity for certain public employees and
requiring the compensation of certain public employees based
on the value of work performed."
SENATE BILL NO. 203
"An Act requiring unified municipalities to provide police
protection and law enforcement services; and providing for an
effective date."
PREVIOUS SENATE COMMITTEE ACTION
SB 2 - No previous action to record.
SB 203 - No previous action to record.
WITNESS REGISTER
John Vezina, Staff to Senator Donley
State Capitol
Juneau, AK 99801-1182
Mike McMullen, Manager, System Services
Division of Personnel/EEO
Department of Administration
P.O. Box 110201
Juneau, AK 99811-0201
Harriet M. Lawlor
AK State Employees Association
3510 Spenard Road
Anchorage, AK 99503
Teresa Anderson
AK State Employees Association
1237 Kennicott
Fairbanks, AK 99701
Patricia Jones
AK State Employees Association
P.O. Box 2296
Valdez, AK
Alma Seward
AK State Employees Association
Juneau, AK
Richard Seward
AK State Employees Association
315 Barnett St., #104
Fairbanks, AK 99701
Kathy Dietrick
AK State Employees Association
315 Barnett St., #104
Fairbanks, AK 99701
Ms. Kelly Brown
815 Austin
Fairbanks, AK 99701
Jennie Day Peterson
3501 Spenard Road
Anchorage, AK 99515
Josh Fink, Committee Aide
Senate Labor & Commerce Committee
State Capitol
Juneau, AK 99801-1182
Duane Udland, Deputy Chief
Anchorage Police Dept.
Anchorage, AK
Major Glen Godfrey, Deputy Director
Alaska State Troopers
5700 E. Tudor Road
Anchorage, AK 99507-1225
Mary Frohne
9921 Hillside Dr.
Anchorage, AK 99516
Barbara Weinig
P.O. Box 113849
Anchorage, AK 99511
Judy Moerlein
Anchorage, AK
Scott Brandt-Eareckson, Assistant Municipal Attorney
Municipality of Anchorage
P.O. Box 196650
Anchorage, AK 99519-6650
ACTION NARRATIVE
TAPE 93-28, SIDE A
Number 001
CHAIRMAN RANDY PHILLIPS called the Senate Community & Regional
Affairs Committee meeting to order at 9:09, noting that
Senators Taylor, Adams and Zharoff were participating via the
teleconference network. He then introduced SB 2 (PAY EQUITY
BASED ON VALUE OF WORK) as the first order of business.
JOHN VEZINA, Aide to Senator Dave Donley, explained that SB
2, which is sponsored by Senator Donley, addresses the problem
of pay inequities in state government with state employees,
schools districts and rural attendance areas. It is a
mechanism to put an end to discrimination in state employment,
and it is modeled after legislation passed in Minnesota. Two
studies in recent years have shown that women earn 33 percent
less than men in jobs in state government. He pointed out
that there is nothing in these studies indicating that the
discrimination against women is purposeful.
SB 2 calls for state agencies to conduct studies to see if
there is indeed wage discrimination based on sex. If such a
discrimination exists, the agencies would then formulate a
program to correct the problem. Their recommendations would
be presented to the Legislature to accept, reject or amend
those recommendations.
Mr. Vezina said Senator Donley firmly believes that the state
is in danger of a lawsuit that would cost the state much more
than it would to cost to implement this program.
SENATOR ADAMS questioned if there would be any enforcement
costs tied to this legislation. JOHN VEZINA answered that the
only cost they know of would be the implementation of the
study by the Department of Administration.
SENATOR ADAMS asked if the committee has received a position
paper from the Administration on SB 2. SENATOR RANDY PHILLIPS
responded that a position paper has been requested, but has
not yet been received. It is his understanding that the
Administration will be offering an alternative to the bill.
MIKE MCMULLEN, Division of Personnel/EEO, Department of
Administration, stated their belief in fair access to
employment opportunity and equality between the sexes. The
division voluntarily undertakes affirmative action plans to
overcome problems, they operate with a classification that,
by statute, is based on the principle of like pay for like
work.
Mr. McMullen said the department has some problems with the
way SB 2 is written, and he directed attention to alternative
bill and its attached fiscal note.
Mr. McMullen outlined some specific areas of concern with SB
2: some classifications would be evaluated with a different
system in only some of their classifications; the legislative
review step if the new system is adopted; and the relationship
of items in the bill with collective bargaining.
SENATOR ADAMS said the Alaska Quantative Evaluation System
(AQES) spent $500,000 in its preliminary stage in 1983 and now
will spend another half a million dollars in FY 95 and FY 96.
He asked if this will complete the project, and can it be done
with existing staff. MIKE MCMULLEN answered that AQES was
developed for the classified service, and the new legislation
would require a system for the entire Executive Branch. That
will include the five bargaining units which are in exempt
service, as well as all of those other positions in the exempt
and partially exempt service which are not covered in the
initial study. Also, based on the time that has elapsed since
the preliminary study, there is information that needs to be
updated, as well as areas which weren't completed then and
need to be completed now. He didn't think this could be done
by internal staff only because the volume of additional
information that they will need to gather will involve all of
their existing staff plus the additional staff to get the
study done in any reasonable period of time and still service
essential needs in classification during the time this system
is being developed.
SENATOR ZHAROFF asked why it takes so many and so long to do
it when this information should be available in the computer
system. MIKE MCMULLEN answered that they have no
comprehensive external salary data so that step needs to be
completed. The other things that need to be done will be done
with the state work force. With a system like this, every
four or five years the employer needs to reevaluate their
values because they change over time. The new legislation
would require an entirely different classification system.
JOHN VEZINA, responding to Mr. McMullen's comments on the
legislation, said they used collective bargaining because
Senator Donley believes that is the mechanism that the
Legislature has set up for dealing with state employees.
SENATOR RANDY PHILLIPS stated the committee would take public
testimony over the teleconference network.
HARRIET LAWLOR, representing Alaska State Employees
Association Local 52 in Anchorage, said Mr. McMullen's
statement that there have been no problems with sex-based
discrimination in the last couple of years is an inaccurate
statement. She said has copies of two Human Rights Commission
charges that have been filed based on sex discrimination, as
well as copies of the state's own studies on under-utilized
categories which have not been met.
TERESA ANDERSON, a member of the Women's Committee of the
Alaska State Employees Association testified from Fairbanks
in support of SB 2. She said she thinks it would be wonderful
if the State of Alaska could lead the way in pay equity
instead of increasing the number of families that need public
assistance. She said women are trying to provide for their
families on wages that should be larger, that should be equal
to those of male dominated jobs with comparable education,
skills, effort, responsibility and work hazards.
SENATOR LEMAN asked Ms. Anderson if she was suggesting that
some of the people that are not getting enough pay from the
State of Alaska are on public assistance, and, if so, does she
know how many of them are. TERESA ANDERSON said she could not
quote the number, but she thought that information could be
obtained from the particular agencies. She added that Alaska
is behind many other states in pay equity.
PATRICIA JONES, Chair of the ASEA's Women's Issues Committee
testifying from Valdez, said the state's current practice of
gender biased wage discrimination affects her as well as all
state employees in many ways. She said gender is a deciding
factor for women on how much money they make and for others
in female dominated job classes. She urged putting an end to
the current practice of a state employee's monetary worth
being tied to their gender, which she said is an unfair labor
practice.
ALMA SEWARD, former Chair of the Women's Issues of the Alaska
State Employees Association Local 52 testifying from Juneau,
said they have supported legislation over the past three years
to go a pay equity study and implementation of corrections to
the existing wage disparities. ASEA has done a preliminary
analysis of Department of Administration figures and has
consistently found inequities exist in salaries of female
dominated job classes. She also spoke to the expense to the
state and to employee morale if lawsuits are filed. She urged
support of the legislation, which she said will benefit the
State of Alaska substantially.
RICHARD SEWARD, Business Agent, Alaska State Employee
Association Local 52, testifying from Fairbanks, pointed out
that it is illegal under the Federal 1963 Equal Pay Act to
reduce any worker's pay in order to fix pay inequities by
reducing the pay in the male dominated classes. He also
pointed out that the 1984 to 1986 classification study was not
a comparable worth study, and he said it won't help fix
comparable work equity in Alaska.
Addressing the alternative legislation being proposed by the
Administration, Mr. Seward said that to take collective
bargaining away from this issue does everybody in Alaska a
disservice. ASEA believes that the working people in Alaska
have a great deal of knowledge on the job classification
system and a good sense of what is fair and equitable. He
added they are willing to bring their resources to this issue
to help resolve it, and they hope that SB 2 maintains the
right of collective bargaining.
Mr. Seward quoted numerous statistics from a study he
conducted earlier this year on the State of Alaska job
classes.
TAPE 93-28, SIDE B
Mr. Seward said his study was not a comparable worth study;
the study just shows that there is a definite problem in the
current classification system. The job class are segregated
by sex; the employees are segregated by sex into those job
classes. If a large number of employees in a job are female,
they are going to make less than men irregardless of the level
of education required for the job.
Concluding his testimony, Mr. Seward stated the union remains
ready to negotiate comparable worth pay equity study and
implementation to the state, and they remain ready to work
with the Legislature.
KATHY DIETRICH, Business Agent, Alaska State Employees
Association, testifying from Fairbanks, stated there are many
women and fair-minded men who feel very strongly on this
issue. She spoke to the need for establishing equitable
compensation relationships between female dominated job
classes and male dominated job classes. She urged passage of
SB 2.
KELLY BROWN, a member of the Alaska State Employees
Association and Chair of the Alaska AFL/CIO Women's Committee
testifying from Fairbanks, stated that last January the Alaska
AFL/CIO delegates listed pay equity as a legislative goal
that they would like to see in 1993. She said there is a
proven pattern in the history of the work force which shows
that as more and more women enter into a job class, a lesser
value is then placed on that job class. She urged passage of
SB 2.
MIKE MCMULLEN responded to several issues brought up by the
previous witnesses, as well as questions from the committee
members.
JENNIE DAY PETERSON, Business Manager, Alaska State Employees
Association, testifying from Anchorage, said Mr. McMullen
indicated that the Department of Labor gender gap report was
conducted by ASEA members. However, that report was done by
Department of Labor employees who happen to be ASEA members,
and she said his comment was misleading and unfair.
There being no further witnesses wishing to testify on SB 2,
SENATOR RANDY PHILLIPS stated that the bill would be back
before the committee for its consideration after the session
reconvenes in January.
TAPE 93-29, SIDE A
SENATOR RANDY PHILLIPS introduced SB 203 (MANDATORY MUNICIPAL
POLICE SERVICES) as the next order of business.
JOSH FINK, committee aide, Senate Labor & Commerce Committee,
stated SB 203 was introduced by the committee at the request
of the Municipality of Anchorage. It will require unified
municipalities to provide law enforcement services on an
areawide basis.
There are three unified municipalities in Alaska: Anchorage,
Juneau and Sitka. Both Juneau and Sitka currently provide
areawide police coverage. The Municipality of Anchorage
provides police service to approximately 80 percent of the
city. Hillside and some other portions of Anchorage have
repeatedly rejected paying for police coverage. The current
system on the Hillside in which police officers respond to a
call only if there is a car available does not provide
sufficient protection to the hundreds of residents, teachers
and students in that area.
If enacted, SB 203 would override any municipal charter
prohibition or local area vote.
Mr. Fink noted there was a draft committee substitute for the
committee's consideration to address the concern that the
original bill did not contain a mechanism to fund the new
officers that would be required in the new areas served. It
would allow for the mill rate being adjusted in the new
service areas to cover the additional cost.
DUANE UDLAND, Deputy Chief, Anchorage Police Department, noted
the city administration's support for SB 203.
Deputy Chief Udland said that from his own personal
perspective, it is a question of equity. At one time he lived
on the Hillside and he felt it was odd that he lived in
probably the richest area in town and yet he was receiving
free police service.
Deputy Chief Udland said things have changed, and it is at a
point now where having areawide police service makes a lot of
sense. He added that the State Troopers and the Anchorage
Police Department do an excellent job on the Hillside, and it
really isn't an issue of who does the better job; it is an
issue of taxes. Right now, residents of the Hillside don't
have to pay for the service.
SENATOR ADAMS referred to Section 4 in the draft committee
substitute and asked if that transition section was necessary.
He suggested eliminating it, and if the legislation passes,
the Act take effect July 1, 1994 versus waiting until January
1, 1995. DEPUTY CHIEF UDLAND answered that he thought a
transition period was needed because there is a lag time for
the department to hire new people and get them into place.
SENATOR LEMAN requested information be provided to the
committee on what areas are providing police protection.
MAJOR GLEN GODFREY, Deputy Director, Alaska State Troopers,
stated the Department of Public Safety's and the Division of
Alaska State Troopers' support for SB 203.
Major Godfrey pointed out that Juneau and Sitka have been
successful in doing this type of enforcement, and it has
relieved the Division of Alaska State Troopers from that type
of duties, allowing them to concentrate on their primary
duties such as highway patrol, traffic investigation,
statewide search and rescue, and providing support to rural
areas and to the statewide Village Safety Officer program.
Currently, there are 259 positions in the Division of Alaska
State Troopers, of which 27 are vacant. There will be a class
graduating from the Alaska State Trooper Academy next month
and they will be filling in their vacancies with those new
troopers.
MARY FROHNE, representing the Hillside East Community Council
in Anchorage, stated the Hillside residents are not against
paying their fair share for police protection. She said they
have been served well in the past by the Alaska State
Troopers.
Ms. Frohne said to override the provision in their charter,
which gives them the ability to vote on what services they
should receive in the Hillside area, is not a good policy. She
said if they were given the choice of being served by either
the Alaska State Troopers or the Anchorage Police Department
they would probably select the troopers. If they were forced
to vote on the city police, it would probably fail again.
BARBARA WEINIG, President of the Rabbit Creek Council in
Anchorage, stated that when unification came about, the
service area concept and being able to choose what services
you wanted was very important, and it is still extremely
important to her area. She believes it is a bad precedent for
the state to enact legislation that would override local
charters. She also voiced their willingness to pay for State
Trooper services.
Responding to questions from Ms. Weinig, MAJOR GODFREY said
at this point in time, they plan on keeping their trooper
stationed in Girdwood, specifically for highway patrol and
traffic enforcement. In the last year, there have been eight
traffic fatalities on that stretch of highway. SCOTT BRANDT-
EARECKSON, an assistant municipal attorney, said the troopers
currently have jurisdiction within the Chugach State Park
area, and he believes that with the passage of the legislation
they would retain that jurisdiction.
SENATOR KELLY said he has talked to several people on the
Hillside and one of their big complaints was that they had to
pay a higher mill rate in that area. He asked if there were
different mill rates in various sections of the municipality
for police protection. SCOTT BRANDT-EARECKSON answered that
within a particular service area where the service is being
provided, the mill rate is uniform. Different sections of
town have different mill rates based upon different services
that they receive. The budget director for the Municipality
of Anchorage, clarified that if the Hillside were to come in
everybody would be paying the same amount for police
protection.
JUDY MOERLEIN, President, Home and Landowners' Organization,
Inc., said they have found that the people are not unwilling
to pay their fair share for police protection, but they feel
that the troopers have a certain ability to handle more rural
situations.
SENATOR RIEGER commented that he thinks the feeling in South
Anchorage is that they've never had a chance to really express
in a vote what they would like to see. They've had proposals
put before them which are not acceptable, and when they get
turned down, it gets distorted into being a perception that
there is an unwillingness to pay. He added that he thought
that any reasonable proposal which regarded trooper coverage
would be passed overwhelmingly by these people.
SENATOR RANDY PHILLIPS pointed out that Eagle River is
probably more rural in nature than the Hillside area, but
several years ago they voted to pay for police protection in
Eagle River. He said the sentiment of his constituents is
that the Hillside should be paying for police protection, and
sooner or later this issue is going to have to be resolved.
TAPE 93-29, SIDE B
BARBARA WEINIG said that during all of the talks and hearings
that they had on this issue, prior to even the task force
being formed, one of the things that came to light was that
the Municipality of Anchorage was charging Southeast Anchorage
for a level of service that they couldn't provide, and that
the level of service they could provide would be in response
to incidents level because there was no way of effectively
patrolling many of the roads in Southeast Anchorage. She
reiterated that the people felt that the troopers could
provide a better level of service and they were willing to
contract and pay for that service.
PATTY SWENSON, Staff to Representative Con Bunde in Anchorage,
asked if under SB 203 the Hillside residents will be able to
pay for just the services they receive. The budget director
for the Municipality of Anchorage answered that property taxes
do discriminate; they discriminate on the basis of value, so
the people in higher assessed valuation areas, such as the
Hillside, do pay more for the services they receive.
SENATOR RANDY PHILLIPS asked if there is anything being done
right now for a ballot proposition for self-determination on
the question. JUDY MORELINE answered that there isn't at this
time, but that they are trying to find the mode which will
most expeditiously accomplish a State Trooper agreement
between them and those people who have said that they want to
pay for that service.
SENATOR KELLY asked if a fiscal note has been provided by the
Division of State Troopers on what it would it cost them to
adequately police the Hillside area. MAJOR GODFREY responded
that he has not seen one, and Senator Kelly requested that a
fiscal note be provided.
There being no further witnesses present to testify on SB 203,
SENATOR RANDY PHILLIPS adjourned the meeting at 1:09 p.m.
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